Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 1749 - MANIPUR HIGH COURTSeeking of information - stand taken by the petitioner, the MPSC before the Commission is that there has been no denial of the information sought for by the respondent No.2 and all the applications and the appeal have been considered and decided by it - whether the respondent No.2 is entitled to seek certified copies of the evaluated answer sheets/ scripts of the said selected candidates? HELD THAT:- The evaluated answer book is information within the meaning of “information” as defined in Section 2(i) of the RTI Act which refers to any material in any form which includes records, documents, opinions etc. When a candidate participates in an examination and writes his answer in an answer book and submits to the examining body for evaluation and declaration of the result, the answer book is a document or record. Such evaluated answer book is not being held by the examining body in its fiduciary relationship with reference to the examinee who participates in the examination and whose answer books are evaluated by the examining body. The examining body may simply subject the candidate to a process of verification by an examination, to find out whether such person is suitable for a particular post, job or assignment. An examining body, if it is a public authority entrusted with public functions, is required to act fairly, reasonably, uniformly and consistently for public good and in public interest. Therefore, every examinee will have the right to access his evaluated answer books, by either inspecting them or take certified thereof, unless the evaluated answer books are found to be exempted under Section 8 (1)(e) of the RTI Act. Coming to the present case, an examination was conducted by the MPSC for appointment to various posts in the State of Manipur. There was an allegation against the MPSC for having committed many irregularities in the recruitment process. The matter was brought to this court by way of writ petitions and in one of the writ petitions, this court constituted a Committee to look into the matter and submit a report thereof. As per the report, there were many prima facie irregularities as regards the non-signing of the answer seats by the examiner and supervisor, erroneous in the tabulation, mistakes in the totaling of marks, change of marks without signature etc. In this backdrop, the issue involved herein is required to be examined by this court - It is well settled that the evaluated answer book is not being held by the examining body in its fiduciary relationship and therefore, the examinee is entitled to have access to the information or for that matter, he can take certified copies of it. Petition dismissed with the direction that the MPSC shall pay a sum of ₹ 5000/- only as costs to be paid to the High Court Bar Association of Manipur and comply with the directions contained in the decision of the Commission within fifteen days from the date of receipt of a copy of this judgment and order.
|